Workplace Sexual Harassment Supplemental Policy
In compliance with New York State law, Hamilton College provides for the following notifications concerning workplace sexual harassment. The following does not replace — and is instead in addition to — the College’s Sexual Misconduct Policy. Sexual Harassment is defined in the Sexual Misconduct Policy, which also sets forth the College’s procedures for reporting, investigating and adjudicating complaints of Sexual Harassment.
The College’s policies addressing Sexual Harassment apply to all employees. They also apply to individuals who are not employees of the College but are employees of contractors, subcontractors, vendors, consultants, and other persons who provide services in the College’s workplace, such as interns and temporary employees. Workplace Sexual Harassment includes Sexual Harassment to which at least one employee or service provider of Hamilton College is subjected, or that is likely to have substantial adverse effect on, or poses a threat of danger to, any employee or service provider of Hamilton College.
Workplace Sexual Harassment is a form of employee misconduct. Hamilton College reserves the right to take action to correct -- including to discipline -- behaviors that violate the College’s professional conduct expectations even if the conduct does not violate the law. Corrective action by the College may necessitate employee participation in an investigation of Workplace Sexual Harassment.
A College employee who is experiencing Sexual Harassment or suspects that another employee is being harassed may contact a supervisor, department head, the Director of Community Standards (Title IX Coordinator), and/or Human Resources. A report form is provided as an attachment to this policy that employees may use, if they wish, to submit a report of workplace Sexual Harassment.
A College supervisor or manager who receives a complaint or information about workplace Sexual Harassment is required to take appropriate action. In all instances, appropriate action must include reporting the situation to the Director of Community Standards (Title IX Coordinator). Appropriate action may also include immediately intervening if harassment is witnessed by the supervisor or manager. In addition to being subject to discipline if they themselves engage in sex discrimination, sexually harassing conduct, or retaliation, persons with supervisory authority over other College employees will be subject to discipline for knowingly allowing Sexual Harassment to continue.
Not all situations that violate College policy will constitute a violation of the law or allow for a legal remedy. An individual who has experienced harassment in the workplace may file a complaint with the College only, may file a complaint with an enforcement agency in addition to filing with the College, or may file only with an enforcement agency. The following agencies enforce laws prohibiting sexual harassment:
The New York State Division of Human Rights (DHR) enforces the Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., which prohibits sexual harassment in employment in New York State, and protects employees, and other individuals working in an employer’s workplace. A complaint alleging a violation of the Human Rights Law may be filed either with DHR, subject to a one year statute of limitations, or in New York State Supreme Court, subject to a three year statute of limitations.
The DHR will investigate the complaint and determine whether there is probable cause to believe that unlawful sexual harassment has occurred. If unlawful discrimination is found after a DHR or court hearing, the DHR or the court may award relief. Possible relief may include requiring the employer to take action to stop the harassment, or redress the damage caused, including reversing an unlawful employment action, paying monetary damages, attorneys’ fees and civil fines. Complaining internally to the College does not extend your time to file with DHR or in court. You do not need an attorney to file a complaint with DHR and there is no cost to file with DHR.
DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400 www.dhr.ny.gov. The DHR can be contacted at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form and contact information for DHR’s regional offices across New York State.
The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An employee must file a complaint with the EEOC within 300 days from the conduct giving rise to the complaint. The EEOC also investigates complaints, but does not hold hearings or award relief. The EEOC may take other action including pursuing cases in federal court on behalf of complaining parties, or issuing a Right to Sue Letter that allows an individual to pursue his/her claims in federal court. Federal courts may award remedies if discrimination is found to have occurred.
The EEOC can be contacted by calling 1-800-669-4000 (1-800-669-6820 (TTY), or visiting their website at www.eeoc.gov or via email at firstname.lastname@example.org. If an individual files an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the individual’s right to proceed in federal court.
There may be additional applicable laws, including local laws, or agencies that address the topics covered by this policy. If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. An employee who believes that a crime has been committed, or may be in physical danger, is urged to file a report with the local or state police department immediately.
Individuals are reminded that no one who makes a good-faith complaint of sexual harassment or participates in an investigation into sexual harassment — whether an internal College process or an external enforcement agency process — may be retaliated against. Retaliation is against the Hamilton College Sexual Misconduct Policy and it is against the law.